The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6151 of 2023 1. Narayan Rai, aged about 76 years, son of Late Basudeo Rai, resident of village and P.O. Muma, P.S. Parsan, District Giridih. 2. Hari Shankar Pandey, aged about 72 years, son of Late Fatu Pandey, resident of village and P.O. Markacho, P.S. Markacho, District Koderma. 3. Surendra Panda, aged about 77 years, son of Late Hitlal Panda, resident of village Singhardih, P.O. Argili, Via Raj Dhanwar, P.S. Parsan, District Giridih. 4. Dilip Kumar Pandey, aged about 63 years, son of Late Jadunath Pandey, resident of village Deerangi, P.O. Saraswati Batpar, P.S. Chakai Tola, Saran, District Jamui, Bihar. 5. Parmeshwari Panda, aged about 78 years, son of Harku Panda, resident of village Murkhari, P.O. and P.S. Murkhari, District Giridih. 6. Most. Adari Devi, aged about 65 years, wife of Darshan Mahto, resident of village Parsan, P.O. Khijarsota, P.S. Parsan, District Petitioners Giridih. … … Versus 1. The State of Jharkhand 2. Secretary, Higher and Technical Education Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 3. Vice-Chancellor, Vinoba Bhave University, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. 4. Registrar, Vinoba Bhave University, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag. 5. The Director (Higher Education), Human Resource Development Department, Government of dated 07.02.2024) … Respondents Jharkhand … (Added vide order CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners For the State
Legal Reasoning
--- : Mr. Saurav Arun, Advocate : Ms. Sharon Kerketta, Advocate : Mr. Zaid Imam, AC to SC-VII --- 04/07.02.2024 Heard the learned counsel for the parties. 2. 3. Learned counsel for the respondent - University is also present. This writ petition has been filed for the following reliefs: “(A) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to fix the pay scale of the petitioners in 5th, 6th and 7th Revision of pay scale and give arrears thereof immediately and forthwith; AND (B) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to pay arrears of 5th, 6th and 7th Revision of pay scale after re-fixing the pay scale immediately and forthwith as the petitioners till date getting 4th revision of pay scale in spite of request and recommendation till date the pay scale of petitioners have not been revised in terms of 5th, 6th and 7th pay scale; AND 2 (C) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents as to how and under what circumstances the petitioners are being discriminated with Class-IV employees as well as employee of Medininagar, Palamau who are getting revision of pay scale; (D) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents immediately and forthwith release the entire retiral benefits like pension, gratuity, leave encashment, provident fund, group insurance which has not been paid till date even after the retirement of the petitioner and also release the entire retiral benefits as well as the family pension, so far as it relates to petitioner no.6 as nothing has been paid to the petitioner as on date.” 4. Learned counsel for the University has referred to paragraphs 6 and 7 of the counter-affidavit and submits that the matter is pending before the Director, Higher Education, Government of Jharkhand as the required recommendation has already been sent vide letter dated 16.02.2012 and subsequently, a reminder vide letter dated 10.01.2024 has been issued, but no decision has been taken and the matter is pending before the said authority. 5. Learned counsel for the University has also submitted that as per the counter-affidavit, the matter regarding 5th pay-scale of the is pending before petitioners the Director, Higher Education, Government of Jharkhand and once the UGC 5th pay-scale is finalized in favour of the petitioners, then only there is question of consideration of 6th and 7th pay revision scale. He submits that the is awaited and decision connection with 6th and 7th pay-revision scale has not been sent. 6. Learned counsel for the respondent- State has submitted that therefore, further recommendation in although no counter-affidavit has been filed by the State, but if the matter is pending before the Director (Higher Education), the same
Decision
will be decided and the writ petition may be disposed of. 7. learned counsel for After hearing the the parties and considering the nature of relief which has been sought for in the present writ petition, it appears that the University has issued required recommendation to the Director, Higher Education, Human Resource Development Department, Government of Jharkhand with regards to UGC 5th revision of pay scale. It appears that till date no decision has been taken so far as the claim of UGC 5th revision of pay scale is concerned. 3 8. Accordingly, this writ petition is disposed of enabling the petitioners to file separate representations before the aforesaid authority namely the Director (Higher Education), Human Resource Development Department, Government of Jharkhand along with a copy of the writ records so that appropriate decision in connection with claim of the petitioners with regard to UGC 5th revision of pay scale is taken. 9. Upon such representation(s) the Director, Higher Education, Human Resource Development Department, Government of Jharkhand shall pass reasoned order(s) within a period of 2 months taking into consideration the applicable rules, regulations, guidelines, etc. A copy of the reasoned order(s) be forwarded to the petitioner(s) by speed post. 10. If one or the other petitioner is found entitled to any amount in connection with their grievances regarding 5th revision of pay-scale pursuant to the reasoned order, appropriate steps be taken by the Director (Higher Education), Human Resource Development Department, Government of Jharkhand so that the monetary benefit out of the same is also remitted to the petitioners within a period of three months from the date of the reasoned order. 11. Once the decision is taken with regard to entitlement of 5th revision of pay scale and if the petitioners are found entitled to such relief, the petitioners shall again file their separate representation before the University raising their claim in connection with 6th and 7th pay-revision. Upon such representation(s) the University shall take appropriate steps in accordance with law within one month from the date of such representation and if the petitioners are found entitled appropriate recommendations be forthwith sent to the Director, Higher Education, Human Resource Development Department, Government of Jharkhand. The Director, Higher Education, Human Resource Development Department, Government of Jharkhand shall do the needful in the same timeline as mentioned above in connection with 5th revision of pay scale while dealing with the 6th and 7th pay-revision. 12. Let the Director (Higher Education), Human Resource Development Department, Government of Jharkhand be made party 4 respondent no.5 in this case. The office to make necessary addition in the cause-title. 13. This writ petition is accordingly disposed of. 14. Let a copy of this order be communicated to the Director (Higher Education), Human Resource Development Department, Government of Jharkhand. 15. Pending interlocutory application, if any, is closed. Pankaj/Saurav (Anubha Rawat Choudhary, J.)